what a ny probate lawyer does

A New York probate lawyer helps administrators and executors close-out and settle New York estates. A probate lawyer’s knowledge of the court system allows them to close and settle matters in the probate court

without unneeded expenses and delays. Here are some of the things that a probate lawyer does:

Full Answer

How do probate laws work in New York?

How Do Probate Laws Work in New York? Probate is the process by which assets of an individual, known as the decedent, who recently passed away, transfer to the individual’s heirs. As part of this legal process, the probate court will validate the decedent’s last will and testament, distribute assets to the heirs, and settle all debts.

What does a probate attorney do?

Initially, the probate attorney files the probate petition to appoint someone as the personal representative. He also handles all other required proceedings in court. For example, he may file or defend a will contest to decide who becomes executor.

Do beneficiaries need a lawyer for probate?

Beneficiaries who will inherit something under the will must be notified of the probate proceeding. The filing fee is based on the size of the estate. Probate proceedings can be very complicated. In many cases, it might be a good idea to get a lawyer.

How do I file for probate in New York?

Filing for Probate. The Executor files the original Will and a certified copy of the death certificate with the probate petition and other supporting documents in the Surrogate's Court in the county where the Decedent had their primary residence. You may be able to file the papers over the internet using NYSCEF,...

What does a probate lawyer do?

A probate lawyer is a state licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. In some instances, probate can be avoided if all the decedent's assets have been placed in a trust.

Do you need a lawyer to probate a will in NY?

A probate attorney is not required under New York law, but legal assistance can save time and effort by ensuring that paperwork is completed properly and everyone with an interest in the estate receives the required notifications.

How does probate court work in New York?

If you have made a will, after your death the will is presented to the court in a probate proceeding. Probate is the court process where, after your death, the terms of your will are approved by a judge, and your assets, property and possessions are given out to your beneficiaries after your debts are paid off.

How long does New York probate take?

If the estate is straightforward (all persons with an interest in the estate have been found and no one has contested to the probate of the will), the probate process should only take about three to six months. However, if the estate is more complicated, it can take years before the decedent's will is probated.

How much does probate cost in NY?

Many probate attorneys charge by the hour and their fees can be anywhere from $350 - $600/hour. Sometimes, if an estate is small and simple, they may charge a flat fee, generally starting around $3,000 and going up from there.

What can you do before probate is granted?

Before being granted probate, you'll need to sign a declaration of truth - the probate registry will tell you how they want you to do this. You won't need to go anywhere to sign in person. You'll need to send some documents with the forms, including: the original will (if there is one) and three copies.

Do all wills go through probate in NY?

In New York, only certain types of assets are considered probate assets, and will likely be passed on to new owners using the New York probate process. Generally, any asset that is owned solely by the deceased and has not been assigned a beneficiary designation is considered a probate asset.

Is there a time limit to probate a will in New York?

The answer is that, in New York, there is no statute of limitations on probating a will. In fact, I have probated wills which belonged to a decedent who had passed more than 25 years prior. However, it is generally advisable to do file and then probate a will as soon as possible.

How do you avoid probate in NY?

Living Trusts In New York, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

How long after probate can a house be sold?

You won't be able to sell the home until probate has been granted. Although you may put the property on the market, contracts can't be exchanged – so your buyer will need to be prepared to wait. It usually takes six to eight weeks for probate to come through, although it can take longer in more complex cases.

How long does an executor have to distribute assets in NY?

seven monthsIn New York State, an estate should remain open for seven months before distributions are made. After this seven month period, the executor may be able to start making distributions to the beneficiaries, if all expenses and taxes are paid.

Does NYS have an inheritance tax?

While New York doesn't charge an inheritance tax, it does include an estate tax in its laws. The state has set a $6.11 million estate tax exemption, meaning if the decedent's estate exceeds that amount, the estate is required to file a New York estate tax return.

According to New York probate law, what are the other requirements for a valid will?

An individual wanting to make a legally binding will must be 18 years of age or older. New York requires that a valid will be in writing. You can w...

According to wills and probate law in New York, do I have to leave my property to my spouse or children?

No. There is no law against leaving everything to strangers and leaving out the surviving spouse and other family members in a will. However, it is...

How long do you have to file probate after a person dies, according to the New York probate process?

According to federal law, anyone who is in possession of an original signed will of a deceased person must file it at the county courthouse where t...

What do New York probate rules require if my family doesn’t want to probate my will?

Within 90 days after your death, a person who has the will must file it with the appropriate probate court, and the court oversees the next steps....

The Role Of A Probate Attorney

The probate attorney advises the executor of an trust or will on the best way to handle the legal aspects of administering an estate when the estate owner passes on. It is always a good idea for an estate owner to find a good probate attorney early in life, and to make sure that the attorney is in constant contact with the estate executor.

Administrative Expert

The probate attorney is responsible for making sure that all necessary paperwork regarding the estate is completed in full and filed with the proper authorities. They are also the official entity that collects and distributes life insurance proceeds that are supposed to go through the estate.

Handling Estate Properties

Some people have real estate as part of their trust or final estate, and that real estate has to be properly administered after the estate owner has passed on.

What Does a New York Probate Attorney Do?

Simply, a probate attorney ensures appropriate handling of estate beneficiaries, creditors, and taxes. In all cases, property must be handled per New York Probate Law. It doesn’t matter whether a person died with or without a Will. Usually, this means going to court.

Can I Handle Probate Myself?

Most lawyers will not tell you this because they want your business. But, you do not actually need a probate attorney for small and simple estates.

What is a Probate Attorney

A probate attorney is a state-licensed lawyer who can help the Executor of a Will (if one was appointed) or the beneficiaries of an estate get through probate as they work to settle an estate.

What Does a Probate Attorney Do?

Also known as a probate lawyer, probate attorneys are hired to help settle an estate. After the death of a loved one, their Estate Plan dictates the next steps. If they have a Will, probate will be necessary. Trusts won’t go through probate, which can sometimes make the process a bit less complicated and much more private.

Do I Need a Lawyer for Probate?

Whether or not you need a probate lawyer will depend on multiple factors and scenarios. You’ll want to consider things like:

Questions to Ask a Probate Attorney

If you do end up using a probate attorney, there are a few things you should know before retaining one. Asking questions up front will ensure there are no (costly) surprises along the way. Use the following list to help you find an attorney who will be the right fit for your exact needs.

Is Probate Required in New York?

Probate is necessary for estates in New York. It is the process by which those assets are transferred to the heirs. State probate laws provide guidance and requirements for how it is accomplished.

How Do You Avoid Probate in New York?

It is possible to avoid taking an estate through probate in New York. To accomplish this, you must plan ahead and create a revocable living trust to hold the estate and all its assets. With a trust, the owner can still manage their assets until their death.

Can an Executor of an Estate in New York be Compensated?

Yes, a person acting as the executor may receive compensation for their time as well as being reimbursed for any expenses they incur as they do their job. This may include the cost of travel to where an asset is located or hiring an accountant or appraiser to help with the estate.

How Much Does an Executor in New York Get Paid?

The executor is allowed payment based on a commission for the value of the estate.

How Long Does Probate in New York Take?

Even a small estate will take some time to be settled. Expect it to be at least six months before the assets may be distributed to the heirs and probate to be closed. However, one year is a more likely timeline for most estates. This time can be extended even more if there are delays, such as an heir contesting the will or disputes with creditors.

Do All Estates Have to Go Through Probate in New York?

Most estates will need to go through New York probate, but they may have the option of small estate administration. To qualify, they must be valued at less than $50,000. This process is also called a voluntary administration proceeding.

Does a Will Have to Be Probated in New York?

Once a person dies and the will is presented, it must be filed with the court in the county where the person lived. However, it doesn’t need to be probated unless assets for probate are valued at more than $50,000. This amount doesn’t include any assets that automatically go to the beneficiary.